BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110008186 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report or Transfer or Discharge) to show award of the Silver Star and Purple Heart.

2.  The applicant states he was awarded the Silver Star on 14 September 1967 and the Purple Heart on 30 April 1969.

3.  The applicant provides copies of his DD Form 214; orders for the Silver Star; and a letter of transmittal, dated 30 April 1969.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's complete military records, including his DA Form 20 (Enlisted Qualification Record), are not available for review.

3.  His DD Form 214 shows that he was inducted into the Army of the United States on 26 October 1965 and served in military occupational specialty 11B (Light Weapons Infantryman).

4.  The Vietnam casualty roster shows he was wounded as a result of hostile action on 7 July 1967.

5.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 5460, dated 14 September 1967, awarded him the Silver Star for gallantry in action on 19 May 1967 while assigned to Company A, 5th Battalion, 7th Cavalry.

6.  He was honorably released from active duty in the rank and grade of sergeant/E-5 on 3 August 1967.  He completed 1 year, 9 months, and 8 days of active duty service without lost time.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Commendations Awarded or Authorized) of his DD Form 214 shows the following:

* National Defense Service Medal
* Vietnam Service Medal
* Air Medal
* Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and 
M-16)
* Republic of Vietnam Campaign Medal
* Combat Infantryman Badge
* Bronze Star Medal

7.  He provides a letter of transmittal, dated 30 April 1969, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Lewis, WA, which confirms he was awarded the Purple Heart for action on 7 July 1967.

8.  His dates of service in Vietnam cannot be established.  Item 31 (Foreign Service) of his DA Form 20 would have shown the dates of this service.  Item 38 (Record of Assignments) would have shown his conduct and efficiency ratings.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

10.  Army Regulation 600-8-22 (Military Awards) contains guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in Vietnam.  Appendix B shows the campaigns for the Vietnam conflict.  While the applicant's dates of service in Vietnam are not available, it can be established that he participated in at least two campaigns, the Vietnamese Counteroffensive Phase II (1 July 1966-31 May 1967) and Vietnamese Counteroffensive Phase III (1 June 1967-29 January 1968).

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN.  This pamphlet shows that during his assignment to 5th Battalion, 7th Cavalry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965-19 May 1969 by Department of the Army General Orders Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the Silver Star and Purple Heart has been carefully considered.

2.  General orders awarded him the Silver Star.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The Vietnam casualty roster shows he was wounded as a result of hostile action on 7 July 1967 and a letter of transmittal confirms he was awarded the Purple Heart.  Therefore, his DD Form 214 should be corrected to show this award.

4.  His conduct and efficiency ratings are not available; however, he was released from active duty in the rank of sergeant with no lost time.  Additionally, he was awarded the Silver Star and the Bronze Star Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal for his honorable active duty service from 26 October 1965 through 3 August 1967 and to add this award to his DD Form 214.

5.  He was awarded the Vietnam Service Medal.  While his dates of service in Vietnam are not available, it can be established that he participated in at least two campaigns while in Vietnam.  Therefore, his DD Form 214 should be corrected to show the Vietnam Service Medal with two bronze service stars.

6.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This foreign unit award should also be added to his DD Form 214.

BOARD VOTE:

___X____  ___X____  ___X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal (1st Award) for his honorable active duty service from 26 October 1965 through 3 August 1967;

	b.  deleting the Vietnam Service Medal from item 24 of his DD Form 214; and

	c.  adding the Silver Star, Purple Heart, Army Good Conduct Medal (1st Award), Vietnam Service Medal with two bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 24 of his DD Form 214.



      ___________X______________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20110008186



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110008186



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1